This editorial from Florida calls upon Florida Gulf Coast University administrators to name the nature of the Title IX complaint. We also get some FGCU history including the fact that the athletic program was started by Merrily Dean Baker, a pioneer in women's sports and one of the few women to head a Big Ten athletics department, ten years ago when the state university opened. Her intent was to make it equitable from the start. And now, as FGCU is readying itself to join the NCAA, they have to contend with equity complaints that they will not discuss.
But that does not mean some are not trying to get FGCU to be a little more forthright. The Naples Daily News still has pursued getting a copy of the complaint under public information laws. They also tracked down the athletic director who is on vacation in South Carolina bu he wouldn't give a comment either. The university is adamant about getting through the investigation before any information is released.
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FGCU lawyer placed on leave
Says Pegnetter blocked review of equity case
By Dave Breitenstein
dbreitenstein@news-press.com
Originally posted on June 21, 2007
STATEMENT
“FGCU General Counsel, Wendy Morris, announced today that she is considering immediate legal action against FGCU Interim President, Richard Pegnetter. General Counsel Morris maintains that she was unlawfully placed on administrative leave effective Monday, June 18, 2007 by Dr. Pegnetter in violation of rights secured to her by both Federal and State laws. This most recent and drastic action by the Interim President appears to be another step by the Interim President designed to prevent me from effectively communicating with and representing my client which is this University and its Board of Trustees.
“In recent months the General Counsel has tried to cooperate and comply with the directives of the Interim President while maintaining a certain necessary independence which permits her to perform her job effectively and ethically. The relationship between the General Counsel and the Interim President worsened when the General Counsel learned of a Title IX claim of gender based discrimination only by way of an e-mail sent campus-wide by the President on Friday, June 8, 2007.
“To date the General Counsel has never seen nor received such a document despite its potential impact on pending litigation and the University’s eligibility for continued federal funding. The General Counsel maintains total confidence in the Board of Trustees and attributes the recent decision to place her on leave to the failure or unwillingness of the Interim President to recognize the legal and ethical responsibilities of a University General Counsel.”
— Statement from Gainesville attorney Rod Smith, who represents Wendy Morris
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FGCU's head attorney claims the university's president blocked her from reviewing a gender equity complaint involving campus athletics.
General Counsel Wendy Morris said she didn't even hear about the May 25 complaint until all Florida Gulf Coast University employees were notified through a June 8 e-mail. That message was sent hours after The News-Press already had inquired about the case.
Through her attorney, Morris said the university still hasn't furnished the complaint, which alleges that FGCU broke federal laws that reinforce equity in athletics.
On Monday, interim President Richard Pegnetter placed Morris on paid administrative leave, but he didn't specify whether it related to her requests for a copy of the equity complaint.
"To date the general counsel has never seen nor received such a document despite its potential impact on pending litigation and the university's eligibility for continued federal funding," Morris' attorney, Rod Smith of Gainesville, said Wednesday in a statement. "The general counsel maintains total confidence in the board of trustees and attributes the recent decision to place her on leave to the failure or unwillingness of the interim president to recognize the legal and ethical responsibilities of a university general counsel."
Morris is considering legal action, but Smith did not specify what a lawsuit would seek to recover.
University spokeswoman Susan Evans declined to provide a reason for Morris' leave or counter Smith and Morris' statements.
"I don't comment on pending litigation," Evans said.
Scott Lutgert, chairman of the FGCU board of trustees, could not be reached for comment.
Sheldon Steinbach, a Washington, D.C.-based attorney who specializes in university litigation, said complaints of a university's general counsel running into road blocks does not sit well for any institution.
"They are the first, and often the only, person who spots an infraction of the law," said Steinbach, who hadn't yet heard of Morris' case on Wednesday. "It's highly unusual for a university counsel to sue the institution."
Attorneys and internal auditors often face the cold shoulder for singling out flaws, but Steinbach says the mission of general counsels is to ensure universities steer clear of wrongdoing.
"In many cases, university presidents don't know how to use their general counsel, leading to inefficiencies and often legal liability for the institution," Steinbach said. "It stuns me that anyone in 21st century America would not seek legal counsel on anything remotely entailing legal liability.
"They are there to help you get the job done."
FGCU internal auditor Carol Slade, meanwhile, is the only school official assigned to the equity investigation, which has quickly sparked rumors and speculation on campus.
FGCU placed a gag order on all coaches and athletics staff. Slade is evaluating whether male and female student-athletes, and their athletic programs, comply with federal law governing gender equity.
There were early signs that Slade's investigation is getting testy on campus. On Monday, Athletic Director Carl McAloose sent an e-mail to all coaches and staff, reminding them to proceed in a friendly, professional environment.
"We attempted to hire people who would get in the boat and row in the same direction and I would like to think we can continue to do so," McAloose wrote.
The equity investigation is expected to wrap up by the end of June.
"FGCU General Counsel, Wendy Morris, announced today that she is considering immediate legal action against FGCU Interim President, Richard Pegnetter. General Counsel Morris maintains that she was unlawfully placed on administrative leave effective Monday, June 18, 2007 by Dr. Pegnetter in violation of rights secured to her by both Federal and State laws. This most recent and drastic action by the Interim President appears to be another step by the Interim President designed to prevent me from effectively communicating with and representing my client which is this University and its Board of Trustees.
"In recent months the General Counsel has tried to cooperate and comply with the directives of the Interim President while maintaining a certain necessary independence which permits her to perform her job effectively and ethically. The relationship between the General Counsel and the Interim President worsened when the General Counsel learned of a Title IX claim of gender based discrimination only by way of an e-mail sent campus-wide by the President on Friday, June 8, 2007.
"To date the General Counsel has never seen nor received such a document despite its potential impact on pending litigation and the University's eligibility for continued federal funding. The General Counsel maintains total confidence in the Board of Trustees and attributes the recent decision to place her on leave to the failure or unwillingness of the Interim President to recognize the legal and ethical responsibilities of a University General Counsel."
— Statement from Gainesville attorney Rod Smith, who represents Wendy Morris
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